Will Dish ever add Significantly viewed Channels

[JerseyGuy]

Just wondering if Dish has any intention of carrying the channels on the FCC significantly viewed channels list. The SHIVERA ACT was signed in 2004, has there been any legal problems with the ACT or does Dish have no intention of carrying them.

Now that I'm in Ocean County, I'm still in the New York DMA but I qualify for WPVI (6 ABC) in Philadelphia

 

[Scott Greczkowski]

I don't think Dish can.

But DirecTV can although I dont know if they have any SV channels eaither.

 

[Greg Bimson]

No.

Dish Network was enjoined from using 17 USC 119 by injunction. In layman's terms, Dish Network is not allowed to use the part of the law that allows for out-of-market network viewing.

Until the law is changed, there won't be any signficantly viewed stations on Dish Network at all.

 

[Voyager6]

No.

Dish Network was enjoined from using 17 USC 119 by injunction. In layman's terms, Dish Network is not allowed to use the part of the law that allows for out-of-market network viewing.

Until the law is changed, there won't be any signficantly viewed stations on Dish Network at all.

I wonder if the transition to digital will change any of this.

 

[Peter Parker]

Why would the transition to digital change that?

 

[Voyager6]

Why would the transition to digital change that?

Many things will change with the digital transition in 2009, perhaps Congress will finally address the significantly viewed issue.

 

[Cyclone]

When I become undisputed supreme ruler of the United States, I will make an edict that if you in a Grade B or A contour of a broadcast signal, then you will be allowed to receive it via dbs.

so it is written, so it shall be.

 

[Raymie]

They did so, but they couldn't broadcast distant networks after a legal wrangling occurred in 2006. I was the first one to break the news on the Channel Chart on 24 May 2006.

Read the Channel Chart archives from 2006 for how it all shook up. The only locals left in that 6200 range are Franklin County, PA - which moved markets (DC to Harrisburg) after Dish froze them, so they are not SV.

 

[charlesrshell]

No.

Dish Network was enjoined from using 17 USC 119 by injunction. In layman's terms, Dish Network is not allowed to use the part of the law that allows for out-of-market network viewing.

Until the law is changed, there won't be any signficantly viewed stations on Dish Network at all.

What are significantly viewed stations?

 

[eacalhoun]

Just wondering if Dish has any intention of carrying the channels on the FCC significantly viewed channels list. The SHIVERA ACT was signed in 2004, has there been any legal problems with the ACT or does Dish have no intention of carrying them.

Now that I'm in Ocean County, I'm still in the New York DMA but I qualify for WPVI (6 ABC) in Philadelphia

I am SOOOO glad someone else has asked this question. When I've brought this up before, some folks think I'm referring to distant networks. If I understand the SHIVERA ACT of 2004, it is legal for satellite companies to provide locals in the same manner that many cable systems do--which is providing the local market's channels and provide "significantly viewed" channels from an ADJACENT market. The act does not REQUIRE the sat company to do this, but allows them. DirecTV is indeed offering this in some areas. Follow the link below to DirecTV's local channels page:

DIRECTV - Neighboring Local Channels

Once there, go down to "search by" and go to the drop-down menu under DMA. The DMAs you can query to see "significantly viewed" offerings are Greensboro-Winston Salem NC; Raleigh-Durham NC; and Roanoke-Lynchburg VA.

Eric

 

[Greg Bimson]

I'm the best case to understand significantly-viewed.

I am 22 miles from both DC and Baltimore, but am in what is known as the Baltimore market area, according to Nielsen Media Research.

The cable companies, for this area mainly Comcast, because they generally must broadcast all stations within a 35-mile radius, pick up the Baltimore and the DC channels.

DBS, until 2004, was only allowed one market. With the passage of the SHVERA, significantly-viewed rules were added for DBS. That means DirecTV and Dish Network could add significantly-viewed channels to a local package for a given area, such as a county.

In my county, Anne Arundel, Dish Network did offer Baltimore and the significantly-viewed DC locals. That was, until the court case came to a conclusion with the out-of-market injunction, which cut off the DC locals from this county. DirecTV has never added the DC locals to this county. Which is somewhat strange, because one would think DirecTV would like to compete more favorably with Comcast here.

However, any channel that is significantly-viewed must also have a carriage contract, which I believe is slightly different than the carriage contract which was signed for in-market broadcasts.

I know. Confusing as anything.

 

[charlesrshell]

I'm the best case to understand significantly-viewed.

I am 22 miles from both DC and Baltimore, but am in what is known as the Baltimore market area, according to Nielsen Media Research.

The cable companies, for this area mainly Comcast, because they generally must broadcast all stations within a 35-mile radius, pick up the Baltimore and the DC channels.

DBS, until 2004, was only allowed one market. With the passage of the SHVERA, significantly-viewed rules were added for DBS. That means DirecTV and Dish Network could add significantly-viewed channels to a local package for a given area, such as a county.

In my county, Anne Arundel, Dish Network did offer Baltimore and the significantly-viewed DC locals. That was, until the court case came to a conclusion with the out-of-market injunction, which cut off the DC locals from this county. DirecTV has never added the DC locals to this county. Which is somewhat strange, because one would think DirecTV would like to compete more favorably with Comcast here.

However, any channel that is significantly-viewed must also have a carriage contract, which I believe is slightly different than the carriage contract which was signed for in-market broadcasts.

I know. Confusing as anything.

WOW, sure is confusing. Is that like the distant local network thing that Dish use to have?

 

[kstuart]

Many things will change with the digital transition in 2009, perhaps Congress will finally address the significantly viewed issue.

You can be sure that Congress won't address anything until February 2009 (by coincidence the same date as DTV).

 

[Voyager6]

You can be sure that Congress won't address anything until February 2009 (by coincidence the same date as DTV).

Actually, Congress must reconsider SHVERA. It expires in 2009. U.S. Copyright Office - Comments related to SHVERA

On December 8, 2004, the President signed the Satellite Home Viewer Extension and Reauthorization Act of 2004 (“SHVERA”), a part of the Consolidated Appropriations Act of 2005, Pub. L. No. 108-447. In addition to extending for an additional five years the statutory license for satellite carriers retransmitting over-the-air television broadcast stations to their subscribers and making a number of amendments to the existing section 119 of the Copyright Act, SHVERA directs the Copyright Office to conduct two studies and report its findings to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.
Section 109 of SHVERA requires the Copyright Office to examine and compare the statutory licensing systems for the cable and satellite television industries under sections 111, 119 and 122 of the Copyright Act and recommend any necessary legislative changes no later than June 8, 2008.
Section 110 provides for the current study and directs the Office to examine: (1) the extent to which the unserved household limitation for network stations contained in section 119 of title 17, United States Code, has operated efficiently and effectively, and (2) the extent to which secondary transmissions of primary transmissions of network stations and superstations under section 119 harm copyright owners of broadcast programming and the effect, if any, of the statutory license under section 122 of title 17, United States Code, which provides for the retransmission of local network stations into their local TV markets, in reducing such harm.

 

[gernskin]

Is there a "get out of jail" date as far as Dish ever providing distants.

 

[Peter Parker]

You can be sure that Congress won't address anything until February 2009 (by coincidence the same date as DTV).

Actually I believe SHVERA expires in DECEMBER 2009 not february.

 

[Voyager6]

Actually I believe SHVERA expires in DECEMBER 2009 not february.

Just found your thread asking about SHVERA renewal. http://www.satelliteguys.us/general-cabletv-satellite-forum/133683-shvera-renewal.html

 

[Greg Bimson]

And although reconsideration of the SHVERA wouldn't need to take place until 8 December, 2009 (I think), it is only really needed for the distant networks (including signficantly-viewed) and the superstations. Local-into-local retransmissions do not expire.

I remember reading somewhere that the copyright office, which maintains some kind of control over the distant network process with respect to gathering fees, is actually proposing a free-market rate fee. If that is the case, then the entire issue becomes a bit more moot, as the price for distants would indeed go up.

So think about it. By December, 2009, with more and more digital (or HD) markets coming online, the SHVERA will only benefit those DirecTV subscribers without HD being rebroadcast, and Dish Network customers on superstations. It is assumed DirecTV will lose a lot of distant network customers on 20 February, 2009, when the analog cut-off occurs. The digital-only provisions of the SHVERA will then take effect, and a majority of the nation will not get anywhere near qualifying for the distant network feeds anymore as DirecTV will be rebroadcasting a local network in digital/HD.

Unless Dish Network is able to get something rewritten back into the law which will allow them to sell distant networks again, this legislation will simply extend the license to sell the superstation package.

 

[dmendenjr]

Significantly Viewed channels are a completely different beast from Distant channels. (I could be wrong on some of the info, but this is mostly true to the best of my knowledge)

Distant are/were provided to people in DMA's that don't have local affiliate coverage (ie you live in a market with no NBC) or in an area that is outside or on the distant fringe of a weak DMA. Since you can't get NBC any other way, you can get a major market copy of it to fill in the blank.

Significantly viewed would be for areas that either receive or rely on stations from more than one market. Significantly viewed deals with looking into specific towns and communities, then determining whether out of market stations receive a significant viewership in that area. If they do, they are considered Significantly Viewed. (ie: Where I am in the Lancaster/Harrisburg DMA; I can get the Philly CBS affiliate much stronger than the Harrisburg one. CoNcast in our area offers the Philly and Harrisburg one. Per FCC research, the Philly CBS (KYW 3) is considered significantly viewed for my area).

For information about what stations are considered significantly viewed near you (by state and county) click here. NOTE: It is a very big PDF.

 

[eacalhoun]

Thanks, dmendenjr. I'm glad you posted a link to the Significantly Viewed list to shed additional light on this subject. Hopefully, this continues to make the distinction that Distant Nets and Significantly Viewed are two totally different issues.

Eric